Tarda Sacco Limited v Mary N. Mwema; Tarda Sacco Society Limited (Garnishee) [2021] KECPT 548 (KLR)
- Court
- Co-operative Tribunal
- Case number
- 548
- Citation
- [2021] KECPT 548 (KLR)
AI Summary
Beta
Machine-generated — may contain errors. Not legal advice.
TypeCivilPostureNotice to show cause for committal to civil jail
Holding
The court found that the legal protocols have been followed, and the Judgment Debtor has shown proper cause to be committed to civil jail.
Facts
The Decree Holder seeks to commit the Judgment Debtor to civil jail for failing to honor a decree of Kshs.5,045,478.60. The Judgment Debtor opposes the notice, claiming financial constraints and requesting to pay the decree in installments.
Issues
- Whether the Judgment Debtor has shown proper cause why she should not be arrested and committed to Civil Jail.
- What Orders are available in the circumstances.
Reasoning
The court cited section 38 of the Civil Procedure Act and previous cases to explain that committal to civil jail is permissible but requires strict adherence to legal procedures.
Outcome
The court upheld the Notice to show cause.
Orders
- The court found that the legal protocols have been followed and the Judgment Debtor has shown proper cause to be committed to civil jail.
Authorities cited
Legislation (3)
- Civil Procedure Act (Cap 21) Laws of Kenya
- Order 22 Rule 18 (1) of the Civil Procedure Rules
- Order 22 Rule 31 of the Civil Procedure Rules
Cases cited (4)
- Innocent G. Ondietei – vs- Julius Nakaya Kabole[2019]eKLR
- Jane Wangui Gachoka – vs- KCB Limited [2013] eKLR
- Solomon Muriithi Gitundu & Another –vs- Jared Maingi Mburu[2017] eKLR
- Grand Greek LLC & Another - vs- Nathan Chesang Moson[2015] eKLR
Experimental AI summary generated by a language model, not a lawyer. It may contain errors or omissions and must not be relied on for legal decisions — the full judgment below is the authoritative source.
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